The internet offers many possibilities, but at the same time it is not without danger. Hacking, online fraud and WhatsApp fraud are just a few examples of cybercrime. The offender is of course liable for the damage he causes, but sometimes someone else can be held liable as well. It is often somewhat complex, and the answer to the question of liability is very nuanced. This page describes the situation in the Netherlands.
Liability for computer hacks
The number of reported hacks has been rising for years. Increasingly, data is stolen in the process. This can also cause a great deal of damage. Even when it is not about extortion, there are other ways in which hackers can cause damage. For example, hackers often sell personal data, which is then misused, for instance for phishing. By having personal data at their disposal, fraudsters can assume someone else's identity in order to gain trust. In this way, they then try to get hold of money.
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Liability for posting content
You cannot simply publish anything you like on the internet. A photo or a newspaper clipping may be protected by copyright. Even when a dad is incredibly proud of the football trophy his son has won, he may not simply post the newspaper clipping online. Besides infringements of intellectual property rights, you can also be liable because, for example, a company's good name has been dragged through the mud. Indeed, the right to write reviews has its limits too. And of course things get completely out of hand when pornographic material is posted online without consent.
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Liability for online fraud
Online fraud can happen in different ways. In theory, the fraudster is of course liable for this, but in practice the identity of the fraudster is often hard to trace. That is why people sometimes look in other directions as well. For example, fraudsters may have collected personal data after a data breach, and the hacked company may perhaps be held liable. Or could the bank have done more to offer protection? These are all questions that need to be asked in the case of online fraud.
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Liability and the use of passwords
Passwords are there to protect us, but website owners must of course take certain steps to prevent those passwords from leaking. Otherwise they may well be liable for the damage. However, when a password is guessed, for example because it is too simple, it is not always possible to hold the website owner liable. Unless he could have been expected to set stricter requirements for passwords. And anyone who gives out passwords themselves must in principle bear the damage themselves. It is one of the reasons why banks often reject liability claims.
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Transferring money and transferring money by mistake
An obligation to pay is a debt that must be paid at the creditor's place of residence (in Dutch: brengschuld), under Article 6:116 of the Dutch Civil Code (Burgerlijk Wetboek). That is why it is up to the debtor to prove that he has made the payment. Perhaps a mistake was made in the process. In that case, the debtor can always try to reclaim an undue payment, but the obligation to pay the creditor remains. There is an exception to the general rule for the situation in which the debtor could legitimately believe that he was transferring the money correctly. In any case, the bank is almost never liable when money is transferred to the wrong account, as in WhatsApp fraud.
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Liability for public wifi
Using a public wifi network is not without risks. Hackers can misuse it to gain access to personal data or to devices. It is important to limit this risk, for example by using a VPN. The provider is usually not liable for what happens on the public wifi network, provided that he grants access passively. The host can, however, be expected to take appropriate measures, for example by ruling out anonymous use.
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Liability for cybercrime
There are countless other examples of computer crime. Helpdesk fraud, sending viruses, distributing illegal material, pharming, flooding and ransomware are just a few examples. Here too, it is not only the cybercriminal who is liable: sometimes someone else can also be held liable.
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Cyber insurance against liability on the internet
Cyber insurance covers various things, such as liability on the internet or any damage resulting from online fraud. There are both private and business cyber insurance policies, and what is or is not covered differs from policy to policy. Some insight into cyber insurance and what it does or does not cover is in any case essential.
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Liability for online gambling
Providers of online games of chance have a duty of care towards the players who gamble in the online casino they offer. They must protect these players against themselves and intervene in good time. In doing so, they must follow a number of rules, rules that are laid down in the Remote Gambling Act (Wet Kansspelen op afstand, Wet Koa). An online casino has previously been ordered to pay compensation to a player with a gambling addiction. You can read what you can expect as a player in your rights when gambling online.
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Liability of internet service providers
Internet service providers, both hosting providers and access providers, play a crucial role in making online content available. This also comes with a certain degree of responsibility. For example, hosting providers can, under certain circumstances, be held responsible for illegal or harmful content hosted on their servers. This can lead to legal consequences, such as damages claims or the mandatory removal of content. How liability is arranged depends, among other things, on the type of provider (hosting provider or access provider), taking into account the degree of control they have over the unlawful content.
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Frequently asked questions about liability on the internet
Is a host liable for the content of a website?
The host only offers space to put a website online and is not automatically liable for the content on that website. A host will only be liable if he knew about the prohibited content and did not intervene. A provider cannot simply be expected to actively monitor what its customers do. That is why hosts often work with a notice-and-takedown system: the complainant must make a plausible case that certain content is unlawful, and the host then takes it offline.
What can I do if someone spreads untruths about me online?
Spreading lies about someone else is unlawful. The person spreading them can be asked to stop and to remove the published untruths. In addition, a claim for removal can be brought. At the same time, compensation can be claimed.
The online offender refuses to cooperate and take certain content offline. What can I do?
It may be possible to ask someone else to take the content offline, such as an internet host or the website on which the information can be found. If they are not willing to cooperate either, it is possible to obtain an enforceable judgment through the courts. In addition, the offender can be ordered to pay a penalty for non-compliance (dwangsom) to push him to cooperate after all.
Am I liable for what my children do on the internet?
Up to the age of 14, a child is never liable itself, and the parent is liable for unlawful acts. This liability is covered by the personal liability insurer. From the age of 14, the child can be liable itself, but the parents can still be liable as well if they are at fault. This is the case, for example, if they could have intervened or could have given their child a better media education.
Is a person liable for infecting a network with a computer virus?
This depends on the specific circumstances. If this happens without the person knowing that they were spreading a virus, they cannot of course be blamed for anything. They are then not liable. Unless the person spreading it had no virus scanner at all or acted carelessly themselves by simply plugging a USB stick they found into a computer. When someone deliberately spreads viruses, they are liable for the damage in any case. Moreover, they can then also be prosecuted. Under Article 350a(3) of the Dutch Criminal Code (Wetboek van Strafrecht), it is a criminal offence to intentionally and unlawfully distribute data designed to cause damage in a computer system, such as viruses. Anyone who negligently allows such distribution to happen is liable to prosecution under Article 350b of the Dutch Criminal Code.